Little help with moving violations

chris9834

Well-Known Member
There is so much misinformation in this that I'm not sure where to start.

The rules vary by state so I his state it may very well be a moving violation. You are correct in that it will not show up on his abstract until a final ruling has been made. You are incorrect about the moving violation not showing up on his abstract until the citation is paid in full. I shudder to think of the level of representation that you would get for $40. You cannot request probation during a traffic court hearing. License abstracts can (and should) be downloaded from your state DMV website shortly after you receive a citation and at least once a year.
How is it misinformation if I am speaking on my very personal experience. Yes you are correct on one thing that it does vary from state to state with that being said the only state that I have had any luck finding anything regarding that traffic infraction as being a moving violation is in the state of California under 6 months it is considered a non moving violation however over 6 months it is considered a moving violation. They are the only state that I have found this far not to say there isn't another state but the vast majority don't view it as one. With that being said I will take it as the op is from California with a registration being out over 6 months or possibly another state that I haven't read on, or maybe he is misinformed as your self. If you still stay in the state of New York it is considered a non moving violation and more so a paperwork violation which falls under non moving violation as per New York traffic code in most all states except California with that 6 month rule, you stated in a previous post in your state it was a moving violation. Most states view a "moving violation" a violation in which the vehicle has a in motion traffic infraction.

In my state can't speak for all but again I was given my personal experience I have been to court on numerous occasions won't specify what city I am giving my personal experience from but I go in talk to the court cashier and tell them I would like to make a plea agreement they take my D.L. run my info then give me a paper with my info and offense and tell me to give this to the clerk in the walk-in court room and when the docket calls my name I approach a bench where I stand. The Judge reads my alleged violation then ask how did I wish to Plea I state "No Contest and if possible could I be granted probation" I have never had a issue with doing so because at the end of the day they don't care because they are getting paid in full which they will tell me must be paid in the 90 days and I can not be pulled over and given a citation for 90 days and if under 25 which in the time of the experience I was I had to take a defensive driving course as part of my probation agreement because it was a speeding ticket or it would be placed on my DMV record.

I will also disprove your statement on the offense hitting your record until you pay the citation in full my simple proof to this is I have had this issue before with a speeding ticket during the recession of 2008 I was laid off from my job and to be honest I wasn't going to pay it I felt like I had bigger priorities such as a roof over my head to pay. I ended up getting a driving job for a dealership running parts for minimum wage lol they had to run my DMV record as required for their insurance and the ticket did not show on my record four months later after I quit paying for the citation. I know this because the H.R. lady had me sign a paper saying that my record showed no traffic infractions. Meanwhile I had since recieved a letter from the city Marshall office stating I have a warrant issued for my arrest for speeding that and she would have not hired me if I did because I did not disclose that I did have a infraction in which I pled quilty. I then received a job with Lol Fed Ex ground about 8 months after dealership same result nothing showed. Now as for a officer running my name through NCIC it would show and he could place me under arrest with out a doubt.

As for your opinion on the $40 Attorney statement this Attorney I was recommended by a LEO in my area to use because he is a pain in their a** as he referred to him being because he will keep postponing court dates till the officer forgets the offense or details of it. The $40 fee was for a burnt out tail light I received which looking back I should have just pled guilty and saved the $40 and paid it in full because it as well doesn't show on DMVR. Class C Attorneys despite low fees actually make great money because they are representing a ton of clients in one court room setting my Attorney has his own docket when he has requested me to appear on a non guilty plea in which me and i would say 30 people were present from his office not bad money. The more severe the offense the higher the price. Its not like I implying to DWI or Felony representation.

In closing I think it is safe to say that different states different rules but in my research the vast majority operate under the same rules with a few exceptions to certain things for that I give you but in my personal experience which I have absolutely no personal gain to give you all of these vivid details because they were legitimate experiences I had I don't give you and again maybe that is how it is in Texas that being my home state. I will also agree on your last few points on keeping up with new or changed laws close to time of offense. My advice to the op is to do research on his states rules, as many have recommended all ready.
 
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UpstateNYUPSer(Ret)

Well-Known Member
NY has the common sense to issue "fix it" tickets for minor vehicle defects, such as a burnt out brake light. We have 10 days to get the defect corrected. We then bring our vehicle to the police station where an officer will confirm that the defect has indeed been corrected and will sign off on the ticket.
 
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